Deemed Compliance: Frequently Asked Questions

The State policy applies to most buildings larger than 50,000 sq. ft. Some residential condominiums, manufacturing buildings, other building types of this size are not covered by the state policy. Buildings that are exempt from state requirements do not need to inform the state of their compliance status and do not need to submit benchmarking reports to the state.

No. Deemed compliance only counts for performance targets. Building owners must still submit separate annual benchmarking reports to both Energize Denver and the State. The State’s annual benchmarking and building decarbonization fees still apply.

Yes. As long as you are compliant with the Energize Denver targets, regardless of whether you have received an adjusted timeline or target, you will be in compliance with the State’s standards.

If you have a timeline extension that pushes your final compliance deadline past 2030, the state will consider you to be in compliance for the years before your final performance target year. For example, most Denver buildings received an approved timeline adjustment that extended their final target to 2032. The state will automatically consider these buildings in compliance with their program in 2030 and 2031. If the building shows compliance with Energize Denver for 2032, they will be considered in compliance with the state program for 2032 as well.

Yes. Building owners will need to inform the Colorado Energy Office (CEO) that they are in compliance with Energize Denver. Energize Denver is working with the state to formalize this process and will provide instructions well before 2030 benchmarking submissions are due in 2031.

State enforcement of performance targets will not begin until after the 2030 target year. Buildings that are not compliant with their Energize Denver performance target at that time may also be subject to enforcement by the State for its performance requirements. Buildings that have timeline extensions through Energize Denver will be considered in compliance by the State until they reach their scheduled final target year and are evaluated for performance.

If your building meets the target assigned to you by Denver, then it will be considered in compliance with the state's program. If the building does not meet its Denver target, then the state’s enforcement actions will be based on its more stringent performance target.

For example, Energize Denver's energy efficiency target for hotels is an EUI of 61.1. Building Performance Colorado requires hotels to reach a final energy efficiency of 54.3 EUI. If a Denver hotel meets the final target for Energize Denver, it will also be considered in compliance with Building Performance Colorado, even if the building does not reach an EUI of 54.3.

However, if the Denver hotel does not get into compliance with Energize Denver, it will also be out of compliance for Building Performance Colorado. Denver will take enforcement actions based on how far the hotel is from the Energize Target of 61.1. Building Performance Colorado will take enforcement actions based on how far the hotel is from the BPC target of 54.3.

If Denver considers you to be in compliance with your Energize Denver target, then the building is also in compliance with the state.